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The Index of Jurisprudence

A Supplement to the Digest of Benefit Entitlement Principles

Decision A-1132.84

Case Number:
Claimant:
Judge:
 
Garland D. 
Federal 
 
Language:
Decision date:
 
English
1985/11/20
 

Decision:
Appealed:
Appellant:
Corresponding Case:
 
Allowed Majority 
No
N/A 
 

Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
rules of construction 
intent and object 
 

Summary:

The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the object of the Act. If the words are clear and unambiguous they must be followed. [p. 7-8]


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
availability for work 
incompatible situations 
imprisonment 
 

Summary:

Meaning of "inmate" examined in the light of s.32 and reg. 55. Reg. 55 exempts inmates who have been physically released from prison for certain purposes. This broader concept applies as well to ss.7(2). [p. 11-12]


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
board of referees 
rules of construction 
context and titles 
 

Summary:

The words of an Act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the object of the Act. If the words are clear and unambiguous they must be followed. [p. 7-8]


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
qualifying period 
extension 
incarcerated 
 

Summary:

Reg. 55 exempts inmates physically released from prison for certain purposes. In light of this and s.32, ss.7(2) must include those prisoners who, while not still remaining in physical confinement, are still within the class of inmates. [p. 11-12] Released from jail on Temporary Absence on the specific condition that he reside and work on parents' farm. He thus completed his sentence outside institution subject to many conditions.


Issue:
Sub-Issue 1:
Sub-Issue 2:
Sub-Issue 3:
 
basic concepts 
qualifying period 
extension 
rationale 
 

Summary:

The situations detailed in 7(2)(a) to (d) have a common rationale: non-availability through external circumstances beyond control. Parliament has manifested a clear intention to relieve individuals caught from unfair consequences. [p. 9-10]